Before we unpack the difference between conventional vs non-conventional trademarks let’s understand what a trademark is. A trademark is a sign or logo that companies use to distinguish the business’s goods or services from other companies in the market. It can be in various shapes or forms for example, letters, names, colours or a combination of those things. It is here that we start to distinguish between conventional and non-conventional trademarks.

Conventional Trademarks
Conventional trademarks include 3 major types: Word Mark, Figurative Mark and Composite Marks.

A word mark is made up by words or any characters that can be typed. They are made up of letters, words, names, numbers, other standard typographic characters or any combination of these. Examples of word marks include Google, Coca-Cola, Facebook.

Figurative marks consisted of non-standard characters, stylisation or layout, or a graphic feature are used, including marks that consist exclusively of figurative elements. Examples of figurative marks include Nike, Apple and Starbucks.

Composite trademarks consists of a combination of elements which includes words, devices, shapes, sounds, scents, and/or colours. The best description of composite marks is a logo because typically logos are a combination of words and non-standard characters. Fujitsu, Youtube, Nikon are examples of composite trademarks.

Non-conventional Trademarks
Conventional trademarks include 4 major types: 3D shape, colour and sound, movement, hologram or others

A 3D shape mark consists of, or extends to, a three-dimensional shape that is acknowledged by consumers as a shape that does not go beyond the scope of the shape of the designated goods,It can include containers, packaging, the product itself or its appearance. A famous or popular example would be the Coca-Cola bottle.

A colour trademark  is just that, it is a trade mark which consists exclusively of a single colour and without contours. Popularly barbie’s particular shade of pink and even Cadbury chocolate’s purple packaging and examples of colour trademarks

Sound, movement, hologram or others: A sound mark consists exclusively of a sound or a combination of sounds. A movement mark is a movement or a change in the position of the elements of a mark. A hologram mark is the newest category of trade mark from 1 October 2017 and it consists of elements with holographic characteristics. For example, the “dun dun” from law and order is trademarked.

For more information, click here.

Nike filed a trademark lawsuit against StockX, an online resale marketplace platform, in a New York federal court over StockX using unauthorised non-fungible tokens (NFTs). 

StockX has started a new collection of virtual products called the “Vault” and in doing so Nike alleges that StockX infringed on nine of Nike’s sneaker designs without consent, which more than 500 Nike-branded Vault NFTs said to have been sold so far. Nike believes that StockX is using’s Nike’s popularity to boost their sales, saying that “StockX has chosen to compete in the NFT market not by taking the time to develop its own intellectual property rights, but rather by blatantly free-riding, almost exclusively, on the back of Nike’s famous trademarks and associated goodwill.” Thus leading to Nike filing a complaint against StockX in February 2022.

Nike has made it clear that StockX’s use of Nike-Branded Vault NFTS were not approved by Nike and that StockX’s action of selling “unsanctioned products will likely cause confusion for the customers and will create a false associations between their Vault products and legitimate Nike products” thereby tarnishing Nike’s trademarks, according to Retail Insight. 

Furthermore, Nike purchased the virtual sneaker and collectible company RTFKT in December, to enter the NFT industry and according to the Complaint, StockX’s false Nike products therefore impede on Nike’s ability to move into the digital marketplace. 

StockX will argue that it is simply reselling the goods and that the NFT is a stand in for the actual shoes. Nike will counter argue stating that the NFT is a separate product by comparing it with physical sneakers that do not have the NFT component.

This has all the hallmarks of fascinating case about to unfold and it is also a case to look out for given that it will be a landmark case in NFT-IP jurisprudence.

Source: https://heitnerlegal.com/wp-content/uploads/Nike-v-StockX.pdf

There are circumstances where identical and similar marks co-exist on the Australian Trademarks (IP Australia) database. Some of those scenarios are summarized below:

• Trademarks are registered for particular products and services that fall into various classes. There are times when two similar and identical trademarks with similar names are registered by different companies and owners that cover different goods and services. For instance, one company may register a trademark for mechanic services; while the other may register the same trademark for a completely different product line such as pharmaceuticals. As their goods and services are vastly different and they are registered in different classes, their co-existence is considered legal.  

• Another typical situation when similar marks can legally co-exist is when a company has been using the unregistered mark prior to the existence, filing date or registered date of the other trademark owner. In such a scenario, the first company can rely on those circumstances to prove that they are the prior users. 

• Another scenario where two similar marks can be found co-existing is when trademark co-existence agreement comes into effect.  In the agreement the two entities agree to use similar trademarks but without crossing the prohibited lines of agreement and interfering in the business of the other party. This agreement is based on the principle of good faith and honest use of the mark and during which no instances of consumer conflict and confusion will be accepted. 

Do you have a logo which is identical to a registered Trademark? You might not need to rebrand, speak to our team at info@trademarker.net.au to find out what you can do!

Most people have a good sense of what it takes to maintain their fitness and improves their physical well-being. But how about the financial fitness? – do you have goals?-  and are you seeking expert advice?

Research suggests that financial well-being and mental or physical health are connected. A survey conducted in 2015 in the US revealed that 70% of individuals have improved physical health while being in good financial position. The survey also found out that majority of the surveyed individuals were able to achieve their other goals easily when they were satisfied with their finances. 

Conversely, a poor financial health can have devastating impacts on one’s mental well-being. Some of the commonly related physical symptoms include:

• Stress and anxiety
• Lack of sleep
• Increased blood pressure
• Heart problems

Financial stress can also touch other aspects of our lives such as our attitudes, behaviours, and emotional strength and stability. Experts suggest that people often link their sense of worth to their financial wellbeing. 

Beyond the physical impacts, money worrying concerns may also trigger depression that does not only affect the individual but also affects family and loved ones, friends and colleagues at work. Therefore, as you plan your goals and objectives for your future, it is important to consider the importance of your financial health.

Here are a few steps you can take to make informed decisions with your finances!

• Formulate a budget plan

Make it easier for yourself to keep record of the inflows and outflows of your budget. You know how much you earn each day but you have no idea where the money goes. Avoid temptations of sneaky spending. Write down all your expenses and start recording.

• Save and avoid unnecessary spending-

Save an amount for any emergency or for a rainy day. Saving will result in mental satisfaction and relief. Make it a habit!

• Avoid bad debt and pay off the other debts

Avoid taking personal loans, credit cards etc. they are all forms of debts that are easily accessible but have hidden fees. Bad debts can have a heavy weight on your mind which results in stress. Try to pay them sooner than later!

• Make investments

A long term investment and putting money aside for something that increases in value result in peace of mind. Investments can provide greater growth and income in the long-term. 

• Ask a professional for help

Just like a fitness expert, an expert financial planner can help you plan your budget and achieve your financial objectives. Hey can help you keep the track of your finances and live stress free.

Remember, to get help and sort out your finances so that you can look after yourself!

• think the mark is distinctively similar to their mark
• own a registered mark and another party is trying to eliminate their trademark 

Any interested entity can record a Notice of Intention to Oppose. Opposing a mark can be mind boggling and expensive. In the event that you are thinking about opposing the mark, you might need to look for help from an IP professional prior to filing an opposition.

It is your obligation as the owner of the mark to monitor your Trade Mark and make sure it is protected from potential infringements and utilize the court framework to make a move against the infringement.

Applications that can be opposed include:

• An application to Register Trade Mark that has been advertised as accepted.
• An application to Remove a Trade Mark from the register because it has not been used.
• An application for an Extension of Time of more than three months.
• An application for an Amendment to a Trade Mark application.

Some common reasons for opposition include:

• The Trade Mark is indistinguishable or basically the same as another mark which is either Registered, Pending Registration, or An International Mark seeking protection in Australia.
• Deception or confusion because of the reputation of another Trade Mark. 
• If the applicant is not the true owner of the Trade Mark.

To learn more about Trade Mark oppositions, or if you need help with an opposition, please email the Trademark Team at info@trademarker.net.au! Our Expert IP team will be more than happy to help!

There are various ways YouTubers can earn money by posting content on their YouTube pages. Let’s take a deeper dig into how they earn through this medium.

• Content

While making a YouTube video, it is necessary to post content that are engaging, relatable and interesting to the viewers. It is recommended that you consider covering the content in following niches that are highly in demand:

• Gaming and sports
• News and celebrity gossips
• Life hacks and DIYs
• Food and Kitchen hacks
• Animal activities
• General knowledge and educational content

• YouTube Partner Program

If you are intending to monetise your videos and YouTube content, the first step is to join the YouTube Partner Program. It provides the owner an opportunity to receive payments via advertisements and views through their videos. 

There are certain conditions and eligibility criteria that needs to be met before joining this program. Such as, number subscribers and number of watch hours. Once approved, you are then eligible to receive money. There are two types of views that can help YouTubers make money:

• Cost per thousand views
• Cost per click

As you start to make money via the views and clicks, you will have to create an account through AdSense so you can get paid by the advertisers. However, you can only do a direct debit once your account reaches $100.  The first dollar you make may be hard and may take time, but as you attract more views and post interesting content, you should be able to continue making the dollars. 

The Youtube Partner Program has over 2 million users as of August 2021. Click here to read more!

• Affiliate Marketing

Affiliate Marketing is an arrangement between the YouTuber and an online retailer, where the YouTuber is paid the commission for product promotion and referrals. This can fall into the following forms:

• Unboxing video of the product
• Product recommendations
• Product Review

YouTubers are actually paid based on the number of clicks on the product link and the number of sales received after viewing the link including the commission on the product itself. 

• YouTube sponsorships

Sponsorships are when you have made it to the ultimate destination. It is an ideal option for companies when they want to invest where their sales received guaranteed increase in demand. YouTubers are paid by the brands in response to creating a specific video regarding their product, event, or anything the company has to offer. 

YouTubers are paid between $0- $50 per 1,000 views depending on the estimated number of views as a result of the promotion.  The YouTuber makes around $10,000 to $50,000, if the video hits a million views. No wonder sponsorship is what every YouTuber hopes for. 

• Patreon

Your subscribers may not only assist in increasing your page’s views and click, they may also subscribe to extras. Such as paying $5 for early access to videos, $15 for a one month excess to extras. Therefore, even if your page is too small for sponsorships and brands, your fans can become the patron of your YouTube. 

If you want to read further about who are the highest paid YouTubers are, click here! 

If you receive an Adverse Examination Report, you need to:

Read the examination report 

One important thing to keep in mind is that a trademark application is inspected by one of IP Australia’s trademark examiners and the report is discretionary and subjective. You may not concur with the content of the adverse examination report however it for the most part gives a very decent sign of why your trademark didn’t succeed through the assessment stage and what steps you need to take accordingly in order to be successful.

Use the Trademark

An adverse examination report doesn’t flag the stopping point for your trademark application, it just implies that there is an extra obstacle to hop over. Unless if your trademark infringes on an enlisted or registered trademark, you can and should keep on utilising that trademark. You ought to likewise be gathering proof about your utilisation of the mark so when the opportunity arrives to react to IP Australia, you can introduce proof that goodwill and value has been created in this trademark.

Seek Advice

Seek assistance from an IP professional. The IP expert will be able to clarify the contents of the adverse examination report, recommend a few strategies about what to do straightaway and help you with reacting to IP Australia when required.  

To speak to our Trademark Specialist, contact our team today!

1. Integrative Negotiating 

Integrative negotiating refers to a ‘mixed’ type of negotiating, in other words, the negotiator does not have a fixed mindset on results. An integrative negotiator will look at both sides and will consider both sides fairly when addressing the problem. The main objective of an integrative negotiator is to facilitate mutual gains by reframing the problem. 

2. Listing your priorities 

Having a list of your priorities and ranking them is an effective way to negotiate. Furthermore, explaining the importance of each priority gives the impression that you know exactly what result you are after which only makes you look greater in the view of the opposing party. Sharing the list of priories with the other side also helps builds trust between both sides. 

3. Come prepared with an alternative agreement 

It is not always guaranteed that you will achieve your desired agreement during a negotiation. Hence why it is crucial that you come prepared with a backup agreement or a ‘plan B’ to fall back on. The business term for this is BATNA, which stands for “best alternative to a negotiating agreement”. It is best for you to have a backup to ensure that you don’t come out of a negotiation without any gain. 

4. Recognise hardball tactics 

Hardball tactics are a way for the opposing side to set a competitive tone during their negotiation. It is a method used by negotiators to gain an advantage and upper hand over the other side. These methods may also come across as a way to intimidate the opposition. To ensure that you are well prepared to face these hardball tactics is by recognising when these tactics are being used. An example of a hardball tactic may be a “take it or leave it” approach which indicates that the opposition is not willing to a concession.

Another example of hard-balling is when the opposition plays “good cop, bad cop”, where two sides of the same party will take opposing sides to gain trust. This is a slightly more complex and psychological approach to negotiation. It is critical to recognise when this method is being appropriated, to protect you from making an agreement with little gain.

5. Make the first offer

Although intimidating when it’s your first negotiation, making the first offer can help you achieve your desired negotiation result. This is because the first offer is used as an anchor. When the first offer is stated, it is difficult to scrap and change the scope of the negotiation. Both parties immediately start working around and analysing the initial offer stated. It is also important to recognise when this is being done to you. When the opposing side makes a completely unreasonable first offer, do not fall into the trap of believing there is no way for you to put down a new offer.  

Do you have any special tricks that make you a good negotiator? Tell us in the comments below!

Here’s what you should know about trademark monitoring.

So, you have registered your Trademark, now what? Well, it is essential that you keep on track and monitor your registered Trademark.

A fully registered trademark does not mean it is immune to a Trademark Infringement. Your Trademark is an essential intangible asset; therefore, it is crucial that you protect it.

Monitoring your trademark can result in many benefits for your business. Your trademark is how your customers perceive and recognise your business. It is a crucial step in your branding and ensuring your business has a unique presence. Not monitoring your trademark may lead to possible infringements and imitations from other entities, which can confuse your customers which puts your brand reputation at risk. Having a negative reputation is a major set-back for any business and can be very difficult to come back from. 

Furthermore, an infringement to your trademark can mean third parties are ‘stealing’ your company’s notability. Operating under the same or similar name, you are allowing third parties to take advantage of your popularity and image to enhance their economic gain. 

How do you monitor a registered trademark? 

There are many ways to monitor your trademark, firstly it is important to check if your registered trademark is updated. In Australia, a trademark registration lasts up to 10 years. Ensuring that your trademark is continually being renewed is the number one step of monitoring your trademark. Once that is out of the way here is a list of ways to track your trademark: 

• Use Search Engines 

Google is a great starting point to track down your trademark, it is a fantastic tool to find trademark infringements and find entities that may be operating under a similar name or even using similar words or images. Furthermore, setting up Google Alerts for possible infringements is time-effective strategy so you don’t need to spend hours on Google Search. 

• Australian Securities investment Commissions (ASIC)

ASIC works with business name renewals and registrations of business names within Australia. ASCI’s online database gives you the opportunity to search up businesses in Australia and additional information on them.

• Engage an IP Agent

IP Agents are professionals who have experience in Monitoring Trademarks, from Published Journal, ASIC, and various other resources. If you would like to Monitor your Trademark with Trademarker, visit out Trademark Watch Page.

Developing a business takes a lot of time and effort, it is crucial that you to responsibility of protecting your intellectual property from third parties to avoid any future issues that may rise.

To ensure that you are not putting your business at a risk, regularly monitor and track your registered trademark by following the simple steps provided. 

So, here is a list of 10 programs you can incorporate into your business today:  

1. Refer a friend, get points

A simple yet effective way to get customers to draw their friends and families to your business. This is a method that American Express stands by! The way these works is customers will simply send a referral link to someone they know and gain credit points which can either get them sample products or can be used to get customers discounts on the good or service. 

2. Get your customers to do something charitable: 

Similar to the prior example, customers are to send a referral link to a friend but in return, they are contributing to a charity that the company works with. This is an extremely effective approach since it appeals to the emotions of consumers. Sometimes doing something for the less fortunate feels much better. Rodin offers something similar where they donate a certain amount to a charity when an employee refers a client! 

3. Get paid to refer 

Who doesn’t want some free money? Companies such as Pure Profile provide their customers with $20 every time they refer a friend. You are bound to get many referrals when customers are being paid for it. 

4. Product giveaways on social media 

Popular Australian skincare brand Alya Skin is often gaining popularity due to their social media giveaways. Giveaways require consumers to tag their friends in a post to be eligible. This is a great way to gain attraction in little time! 

5. Gift cards

Gift cards can go a long way when it comes to referral, consider well-known company Spotlight which provides their most loyal customers with generous gift cards. 

6. Offer money to put back into your business!

Did you know you can receive up to $10 when you refer a friend on Uber Eats? Providing customers with money is not only a great incentive for referrals but also promotes customers to continue shopping from you. 

7. Provide a taste of premium access 

Get users/customers to get a taste of premium for a limited when they refer a friend! This also promotes users to potentially purchase premium services for your business.

8. Offer educational webinars  

Depending on your business you can offer your customers and clients free educational webinars which your target market can share with their friends or others in a similar niche. This can also be applied to web articles and social media posts that your target market may find valuable. However, webinars are more likely to draw more attention. 

9. Giveaway raffles 

Raffle tickets will never be out of style! The Good Friday Appeal is regularly using raffle tickets to gain more popularity towards their cause. 

10. Give your friend money and receive it as well

Another clever referral marketing trick, provide customers who refer with a certain amount of money and offer the same amount to the friend who was re offered. This is great to encourage your customers’ friends to shop from you! 

Does your business have a Referral Program that works? Tell us in the comments below!